Ex Parte Philip et al - Page 6



               Appeal 2007-1177                                                                          
               Application 10/733,740                                                                    

               would also at least partially melt titanium oxide and cerium oxide particles.             
               While the Examiner recognizes that Longo ‘184 does not disclose applying                  
               the thermal barrier coating to repair a component while it is in the machine,             
               we fully concur with the Examiner that Nagaraj evidences the obviousness                  
               of doing so.  Nagaraj teaches that it was known in the art to repair a zirconia-          
               based thermal barrier coating while the damaged component is in the                       
               machine.                                                                                  
                     Appellants contend that Longo ‘184 discloses that the inventive                     
               ceramic powder may comprise one or more of a laundry list of constituents,                
               “some of which meet Applicants’ first constituent claim limitation and some               
               which meet Applicants’ second constituent claim limitation” (Br. 8,                       
               penultimate para.).  However, as explained by the Examiner, Longo ‘184                    
               exemplifies and claims powder compositions comprising zirconium oxide                     
               and expressly discloses that the second material of the mixture can be                    
               Appellants’ cerium oxide and titanium oxide.  Accordingly, we concur with                 
               the Examiner that Longo ‘184 establishes the obviousness of utilizing a                   
               powder mixture comprising zirconia and Appellants’ ceramic material.                      
               Also, we concur with the Examiner that Appellants have provided no factual                
               basis for their argument that selecting the claimed second constituent which              
               at least partially melts when applied “would not provide the relatively high              
               temperature resistance that Longo ‘184 seeks” (principal Br. 9, first para.).             
               This argument is rebutted by the specific reference disclosure of ceramic                 
               materials used by Appellants, namely, cerium oxide and titanium oxide.  It is             

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